Sports Stadia Development & The Dangers Of Restrictive Covenants: Lessons from the Bath Rugby Club Case

A recent case^[1] affecting Bath Rugby Club may mean that the club has to abandon its plan to build a new 18,000 seater stadium. 

The High Court has held that the land which Bath Rugby Club occupies on a long lease is subject to a historic restrictive covenant, which is still enforceable 98 years after it was first entered into as part of a conveyance.

This article reviews the case looking at the facts, decision and key learning points for clubs/developers.